**Document:** Officer Report PA 09/00023/B
**Application:** 09/00023/B — Erection of a dwelling (amendment to PA 07/02378B)
**Decision:** Permitted
**Decision Date:** 2009-04-14
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/62281-malew-field-432537-new-build-dwelling/documents/1368975

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# Officer Report PA 09/00023/B

**Application No.:** ** 09/00023/B **Case Officer :** Miss S E Corlett #### Consultations #### Representations [Table omitted in markdown export] ### Planning
**Applicant:** ** AGC Ltd **
**Proposal:** ** Erection of a dwelling (amendment to PA 07/02378B) **
**Site Address:** ** Field 432537 Phildraw Road Ballasalla Isle of Man **

## Officer's Report

#### The Site

The site represents a parcel of land which lies between the A34 Phildraw Road and the Awin Ruy watercourse to the east. The site represents approximately 2.3 acres of land, situated to the south and east of Ballavoddan, a detached dwelling which sits alongside the road. The curtilage of Ballavoddan is shown as being approximately 1.1 acres, extending down to the river.

The site slopes downward from the road towards the river - a slope of around 10m over a distance of 110m.

There are a number of trees around the site - several alongside the road and along each boundary and a row of trees within the site effectively separating the proposed site from the existing curtilage of Ballavoddan.

#### Planning Status

The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Proposed Low Density Housing in Parkland with the riverside trees identified as Woodland. This type of housing development is the subject of Planning Circular 8/89 - Low Density Housing in Parkland which states that all trees within such areas are deemed to be Registered. Development within such areas must take the form of substantial dwellings, designed and finished to the highest quality and each dwellings being sited in at least 1 acre of its own grounds, such as to sit

comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees. Satisfactory access and provision of services is also required and any application for such development must include a detailed and accurate survey of all existing trees on site.

Planning permission has been sought and granted for the development of three dwellings on land to the south west of the development site - PA 08/0913. Permission has recently been refused for the principle of three dwellings on land to the north west of this site (PA 08/2056). The reasons for refusal for this development involved insufficient space around each dwelling to create a parkland setting and that it had not been demonstrated that acceptable and adequate visibility splays could be made available to serve the development.

### Planning History

Previously, planning permission was sought for the erection of a dwelling on the site adjacent to Ballavoddan. This application, PA 07/2378 was permitted by the Planning Committee but was the subject of an appeal by the owner of Phildraw Mansion House. At the appeal, both the applicant and the appellant agreed that the appeal should be allowed on the basis that the visibility splays shown in the plans and required by condition, could not be achieved on site. The reason for refusal at appeal, however states that "The visibility splays for the new vehicular access onto Phildraw Road indicated upon the submitted plans would be of an inadequate standard to avoid significant harm to road safety". This is not quite was agreed and seems to imply that the visibility splays shown on the drawings - ie 2m by 36m as required by the Department of Transport Highways and Traffic Division, are not adequate.

### The Proposal

The application proposes generally the same dwelling which was previously proposed. The dwelling is the same style and size as previously proposed but relocated 5m to the south - ie further away from Ballavoddan. The dwelling has a ground floor footprint of approximately 11m by 30m with an attached garage at right angles to the house which is a further 17m by 7.5m with accommodation above. The lower ground floor utilises space underneath some of the ground floor and the first floor accommodation is within the roofspace above the ground floor. Adjacent to the lower ground floor there is to be decking and paving extending up to 15m beyond the building. To the rear (north west) of the main part of the house there are to be a square courtyard and walled garden separated by the garage. Between the house and the river there is to be a grassed garden with new trees, summer house and meadow grass lawn and the existing reed bed is to be enhanced, providing a wetland area and the existing post and wire fence alongside the river is to be removed. A new fruit orchard is to be planted to the north east of the new house.

The house itself is 12.3m at its tallest with a roof pitched at 45 degrees with a monopitch section at 30 degrees at the lowest part of the front of the house (facing south east). The lower ground and ground floors of the house are to be finished in Manx stone with smooth rendered panel which extends up to the eaves on the central part of the front elevation and on a flat roofed projecting entrance porch on the rear elevation. The roof is to be finished in a "brindle" coloured Rosemary tile - this is a red/purple colour. The roof has overhangs which are to include exposed timberwork to match the full length timber framed windows on the gables and the wood panelled finish on the ground floor of the garage and the rear elevation. The development is to involve cut and fill - the rear elevation is to be dug into the site by up to 1.8m and the front elevation built up by a similar amount.

Access to the property is to be relocated from the position shown in the previous application - some 30m to the north, alongside the southern extent of the curtilage of

PC Agenda 09.04.2009

Ballavoddan, trees and shrubs are to be planted within the site and the curtilage of Ballavoddan enlarged by moving the south eastern boundary by approximately 7.5m to the south east.

The information submitted with the application explains that 3,000-3,500 trees are to be planted within the site, transforming what is presently neither parkland nor woodland to such, in accordance with the prevailing land use zoning. Also shown on the plan is the extent of the Woodland designation on the Isle of Man Planning Scheme (Development Plan) Order 1982 which is shown as being approximately 75m from Phildraw Road.

The application includes a risk assessment of the impact on Awin Ruy of the works during construction and mitigation in the form of the construction of a bund around the construction site, bunding of all fuel storage tanks, proper removal of waste from the site, ecological supervision throughout the works, construction of a silt trap, following the manufacturer's recommendations on the use of fertilisers and herbicides and the maintenance of the drainage system. There are no works proposed in the vicinity of the stream or within the 8m as prescribed in the Strategic Plan Environment Policy 7. The applicant now has a licence to discharge issued from the dige, dated 22nd January, 2009.

Drainage is to provided via a treatment facility which will discharge into the Awin Ruy and for which a licence has been granted. A Biodisc is proposed to the south of the dwelling which will discharge via new pipework to the river.

Access to the dwelling is via completely new access at the north eastern end of the frontage to Phildraw Road and involves the removal of almost all of the roadside trees which are described by the applicant's arboriculturalist as "4 in poor condition or dead and 9 which are fair condition". The report also describes the trees as having been affected by the overhead electricity line which has resulted in the lopping of each tree on the road side and that the Manx bank has at some time been re-profiled. 2 trees are to be retained. The new roadside boundary will take the form of a new bank, re-aligned to provide visibility splays of 2m by 36m, the existing access to Ballavoddan closed off. The traffic report included with the report describes the existing road use as between 80-105 vehicles per hour (two way) during peak hours dropping to 50 vehicles per hour outside peak times. Average 85 percentile speed is 36/37 mph which is above the speed limit of 30 mph. Personal injury accident statistics indicate that there have been no accidents involving personal injury around residential accesses or within the vicinity of the site frontage. They describe the increase in traffic as a result of the proposed new dwelling as having a negligible impact on existing traffic levels. The new entrance will be 6m wide - sufficient to accommodate two vehicles side by side with inward opening gates located 6m back from the road. The existing site and the curtilage of Ballavoddan have four access points onto Phildraw Road, some of which are sub standard in terms of visibility and one of these will be closed off.

The trees to be removed are sycamore, pine, and ash. Of these, none is of a quality ranking higher than "Does not make a significant contribution to the landscape".

The submission states at paragraph 5.01.1 - final paragraph that "Before the new planning application was completed McGarrigle & Jackson met with Miss Corlett on Thursday 4th December 2008 to review the new planning submission. At the meeting Miss Corlett continued to be supportive of the planning application and raised no objections to the application as presented". This rather simplifies the position of the Planning Officer in that the advice which was given focused on the provisions for the access and the principle of whether the loss of the trees was acceptable. It was advised that this would have to be weighed against the designation of the land for Low Density

Housing in Parkland and that the officer's view was that the land use designation and the ability to implement this form of development could outweigh concerns regarding the trees if the trees to be lost are considered unimportant specimens and their replacements would contribute positively to the environment, bearing in mind also the character of Phildraw Road and its appearance of woodland or otherwise along its length.

### Representations

Department of Agriculture, Fisheries and Forestry Inland Fisheries comment that there must be no development within 8m of the watercourse to protect the river and wildlife corridor and that measures must be in place during construction to safeguard the nearby pond. No comment is made in respect of the measures which are outlined by the applicant to safeguard the watercourse.

Malew Parish Commissioners indicate that they do not object to the application.

Department of Transport Highways and Traffic Division indicate that they do not oppose the application.

The Manx Electricity Authority raise issues regarding working practices around existing supplies, which are not material planning considerations.

The owners of Phildraw Mansion House and Walden Phildraw Road object to the application on the basis that whilst some of the points which were raised previously have been addressed, the proposal remains unacceptable as the proposal would not sit in a setting which acknowledges existing trees, the proposal does not satisfy General Policy 2 in terms of environment, highways and drainage, although no further clarification is given, the access does not meet recognised safety standards and the loss of Registered trees which make a positive contribution to the character and visual amenity of the area. Finally, he points out that a wildlife survey should be undertaken prior to any permission being granted as the findings may affect the proposal.

Department of Agriculture, Fisheries and Forestry Forestry Division comment that they would generally agree with the report from the applicant's Arboriculturalist although they note that if the trees are removed then this will result in a change from a section of natural hedgerow to an access to a new, prestigious property with undoubtedly a more managed appearance than the existing. They go on to say that "the quality of the existing trees is average to poor, and as there are a number of other properties in the vicinity the proposed development would not be considered to impinge on an otherwise undisturbed rural landscape. In my opinion the loss of these trees would not be sufficient justification to oppose this planning application and the replacement planting should, in the fullness of time, make a worthwhile contribution to the visual amenities of the area".

### Assessment

The proposal represents a large dwelling within an area designated as Low Density Housing in Parkland for which there is specific advice contained in Planning Circular 8/89. This requires that dwellings must be "substantial, and designed and finished to the highest quality" and must be sited in at least an acre of its own grounds such as to sit comfortably and naturally in a landscaped setting which acknowledges existing ground contours and existing trees". It is interesting that the section of the Circular which deals with areas of Existing Low Density Housing in Parkland states that "Where residential development could take place without any tree-felling and without any diminution of the public amenity value of the landscape, development in accordance with the criteria set out in (4) below may be permitted". The section on Proposed Low Density Housing in Parkland does not specifically state that no trees may be felled, only

that the dwelling sits comfortably in its own landscaped grounds which acknowledge existing trees.

Previously, it has been suggested that the location of the dwelling extended into the area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Woodland. The Isle of Man Planning Scheme (Development Plan) Order 1982 was prepared and printed at a scale of 1:25,000 and as such, it is not possible to precisely identify the boundary of certain designations – for example, on the Plan Phildraw Road including the thickness of the line, is shown as 45m wide, which it clearly is not. Superimposing the Isle of Man Planning Scheme (Development Plan) Order 1982 over the digital survey of the Island, the area of Woodland would appear to extend to approximately 75m from Phildraw Road towards the river. The proposed dwelling sits further to the west than this and thus sits within the area designated as Proposed Low Density Housing in Parkland. The proposal as such is accepted as being sited in accordance with the prevailing land use designation for large dwellings in their own grounds. The area for Proposed Low Density Housing in Parkland extends through the property known as Phildraw Mansion House which was permitted after the adoption of the Plan (PA 89/0443 – approved on 28.7.89) with some of the Mansion House lying within the area of Woodland. This is the only dwelling built within the area of Proposed Low Density Housing in Parkland on the eastern side of the road since the introduction of the designation.

The proposed dwelling is substantial in size and designed using natural materials – stone and wood with some rendered blockwork and clay roof tiles. The site slopes downward and the dwelling has been designed to take account of the falling ground level with the main house being accommodated through cut and fill with some excavation to provide the lower ground floor level at the south eastern side of the property. Other than the removal of trees to form the new entrance, the proposal acknowledges and supplements the trees on site, ultimately creating a parking setting.

Proposed Low Density Housing in Parkland is not a particularly common form of development on the Island, although two applications have been submitted recently in the vicinity of the application site (see above) and another application submitted for the development of 21 dwellings on land designated as Proposed Low Density Housing in Parkland on the southern side of Ballanard Road (PA 07/1917). This involved the removal of six trees to facilitate the access and despite the application being the subject of an appeal, the removal of these trees was not an issue and a condition was attached with the approval of the Inspector to require that prior to the commencement of any works on site other than the removal of the six trees to be removed, the remainder of the trees must be adequately protected.

The comments of the Department of Agriculture, Fisheries and Forestry Forester are relevant in that they represent an objective view of the trees and their contribution to the character and amenities of the area. The trees alongside the site are set within a mowed grass hedge whose line is not straight and which looks relatively contrived within a streetscene characterised on the same side of the road by stretches of rendered and brick walling. The trees have clearly been managed to the extent that the branches on the roadside have been trimmed back to create a managed and somewhat unbalanced appearance and sitting on the top of a closely mown bank, do not appear, as the forester observes, part of an otherwise natural landscape. The proposals to remove the trees and realign the frontage would establish the site frontage in a similar manner to the built development elsewhere on Phildraw Road and would widen the road in an area where there is presently a slight narrowing.

Department of Transport Highways and Traffic Division indicate that they do not oppose the application and as such it is not accepted that the proposal should be refused on road safety grounds.

Reference has been made to a wildlife survey both in the application itself and within the objections made on behalf of the owners of Phildraw Mansion House. The site does not comprise unimproved grassland nor is there any acknowledged ecological interest as identified by DAFF Wildlife and Conservation. As such it is not accepted that the application should be refused for reasons relating to an adverse impact on wildlife.

In summary, whilst the proposal will result in the loss of trees, these trees are not considered to be of such quality or intrinsically linked to a natural landscape of value to warrant refusal of the application on this basis, particularly as the tree felling and alterations to the frontage are proposed in order to implement development in accordance with the prevailing land use designation. The site is designated for development which will necessitate changes to the appearance of the landscape and the site lies within an area characterised by buildings set in formal landscaped grounds with some natural landscaping around them. Very few of the dwellings have frontages to Phildraw Road which have retained any original hedgrows or trees and the application proposals are no different from this in this respect.

### Party Status

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

Department of Agriculture, Fisheries and Forestry Inland Fisheries raise issues which are material planning considerations although the substance of this submission has been dealt with in the application and the Department of Agriculture, Fisheries and Forestry has not commented specifically on this. Department of Agriculture, Fisheries and Forestry should be afforded party status in this instance.

The Manx Electricity Authority raise issues regarding working practices around existing supplies, which are not material planning considerations and as such the MEA should not be afforded party status in this instance.

The owners of Phildraw Mansion House and Walden Phildraw Road own land which abuts the site and as such should be afforded party status in this instance.

### Recommendation

Decision Recommended by the Director of Planning and Building Control: Permitted

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the construction of a dwelling and associated access, drainage, landscaping and re-definition of the curtilage of Ballavoddan, all as shown in plans reference C101, C102, C103 Rev A, C104, C105, C106, C107, C108, 109, C110,

PC Agenda 09.04.2009

C111, C112, C131, C133, 01, 02, PL301/3, C8154-001, 32618/DR01, 32618/DR02 and the details of the gates all received on 9th January, 2009.

C 3. Prior to the commencement of works on site the trees to be retained and protected against damage during the course of construction must be protected in accordance with drawing reference C8154-001.

C 4. Following the protection of the trees as required above, prior to the commencement of any other works on site the access with visibility sprays as shown in drawing C103 Rev A must be set out and available for use and the adjacent existing access closed off as shown in the approved drawings.

Note: in order to comply with the provisions of the Wildlife Act 1990, the applicant should liaise with Department of Agriculture Fisheries and Forestry in respect of the timing of works to remove trees and hedges and to avoid the disturbance of or damage to wild birds which are protected under this Act.

C 5. No development may be undertaken within 8m of the watercourse in order to minimise risk of damage or disturbance to the river banks and river bed. During construction, measures must be taken as set out in The Strategy for the Protection of Wildlife, Habitats and Watercourses submitted with the application to avoid any adverse impact on the watercourse.

C 6. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/62281-malew-field-432537-new-build-dwelling/documents/1368975*